Patna High Court
Shiv Kishore KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the application to quash the FIR is not maintainable at the post‑investigation stage.
Summary
The petitioners, members of the Mistry family, filed a petition seeking the quashing of FIR No. 893 of 2024 registered at Kadamkuan Police Station for offences under Sections 493 and 376 of the Indian Penal Code. The State of Bihar and Sulekha Kumari opposed the petition, arguing that the investigation had already concluded, a charge‑sheet had been filed, and the court had taken cognizance of the case. The senior counsel for the second opposite party raised a preliminary objection that an application to quash an FIR at such a late stage is not maintainable. Justice Praveen Kumar noted that the procedural stage had significantly changed and the court was not inclined to interfere. Consequently, the petition for quashing the FIR was dismissed.
Issues considered
- Whether an application for quashing an FIR is maintainable after the investigation is completed, a charge‑sheet is filed, and the court has taken cognizance of the offences.
Legislation cited
- Indian Penal Code — s. 376, 493
Subjects
- quash FIR
- criminal procedure
- charge sheet
- cognizance
- IPC Section 493
- IPC Section 376
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34899 of 2025
Arising Out of PS. Case No.-893 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
1. Shiv Kishore Kumar son of Shiv Ballabh Mistry Resident of Village
-Kurthaul ( Khairatali), Near Surya Temple Po- Mittanchak, PS- Parsa Bazar
District- Patna
2. Shiv Ballabh Mistry son of Late Shivsaran Mistry Resident of Village
-Kurthaul ( Khairatali), Near Surya Temple Po- Mittanchak, PS- Parsa Bazar
District- Patna
3. Shyampari Devi Wife of Shiv Ballabh Mistry Resident of Village -Kurthaul (
Khairatali), Near Surya Temple Po- Mittanchak, PS- Parsa Bazar District-
Patna
4. Sameer Kumar son of Shiv Ballabh Mistry Resident of Village -Kurthaul
( Khairatali), Near Surya Temple Po- Mittanchak, PS- Parsa Bazar District-
Patna
5. Pankaj Sharma @ Pankaj Kumar son of Raja Ram Mistry village- Gopi
Bigha, Po- Kendui, Ps- Magadh Medical, Dist- Gaya
... ... Petitioners
Versus
1. The State of Bihar
2. Sulekha Kumari Daughter of Mahendra Prasad village- west Lohanipur
Upadhyay Lane, Po and Ps- Kadamkuan, Dist- Patna
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Sumit Kumar Singh, Advocate
For the Opposite Party-State: Mr. Sanjay Kumar, APP
For Opposite Party no.2: Mr. S.K.Lal, Senior Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State as well as learned Senior Counsel
appearing on behalf of opposite party No.2.
2. The petitioner is seeking quashing of the First
Information Report bearing Kadamkuan P.S. Case No. 893 of
2024, dated 24.11.2024, registered for the offences under
Sections 493 and 376 of the Indian Penal Code.
Patna High Court CR. MISC. No.34899 of 2025(2) dt.21-04-2026
2/2
3. At the outset, learned Senior Counsel appearing on
behalf of opposite party No. 2 raised a preliminary objection
that now the investigation has concluded and charge-sheet has
been filed, followed by the order taking cognizance, therefore,
at this stage, the prayer with respect to quashing of the FIR
would not be maintainable/entertainable.
4. In view of the fact that the stage has considerably
changed, this Court is not inclined to interfere with the matter
for the present.
5. This application is accordingly dismissed.
(Praveen Kumar, J)
Pawan/-
U T
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